The High Court of Karnataka has ordered release of 115 people arrested in connection with the violent incidents that occurred at K.G. Halli-D.J. Halli localities on the night of August 11, 2020. It was given under the provision of “default” bail in view of not filing of the chargesheet within the specified time period.
Justice S. Vishwajith Shetty passed the order while allowing petitions filed by Muzamil Pasha and 114 others, who were arrested on August 12, 2010.
The court found fault with the order passed by the Special Court for National Investigation Agency (NIA) cases granting 90 more days for the NIA to complete the investigation without giving an opportunity of hearing for the accused-petitioners on the application filed by the NIA in November last year seeking extension of the period to file the chargesheet.
The order passed by the special court is legally unsustainable under the provisions of the Unlawful Activities (Prevention) Act, 1967, as the accused-petitioners were neither kept present before the special court nor were notified that an application by the NIA was being considered by the special court for extending time for completion of investigation, the High Court pointed out.
The accused-petitioners are now ordered to be released on “default” bail as the NIA had then not filed the chargesheet within 90 days and the order passed by the special court extending time for filing was now found to be wrong, the High Court said. It rejected the contention of the NIA that the accused-petitioners would have to apply for regular bail as the chargesheet was filed during the extended period of 90 days.
